March 2013 polls date is a precursor to tyranny

By Maurice Akelo-Misori

Irrespective of how the dispute over the election date is finally determined, Kenyans lost an important chance to cement the culture of democratic consensus-making that we seemed to have seized with the passage of the new Constitution. While we hope they will heal, tribal hatreds that exploded in the 2008 election violence had given way to a new pragmatism among leaders that allowed for sound discussion on national issues — including previously difficult ones like constitutional reforms.

The coming election is by far the most anticipated event in Kenya today, so it was negligent of President Kibaki and Prime Minister Odinga to not seek a common ground on when it should be held. More than merely providing fodder for partisans on both sides to tout their loyalties and discredit opponents, this split between Kibaki and Raila helped marginalise the wishes of the millions of Kenyans who want early elections.

With the election date uncertain, the people are confused and powerless, lacking the means to force consensus on their leaders. As the issue is politicised, the once broad support for a December vote might falter from its association with Mr Odinga, the frontrunner who all opponents are striving to defeat.

This paradox culminated in Mr Odinga being put on the defensive for allegedly intimidating IEBC, which is the one that harmed its credibility by wavering on its commitment to the March date and by not staying above the political fray.

However, the way this issue is being framed in some quarters — as a Kibaki-Raila dispute — has contributed to the erosion of public engagement on a matter that lies at the heart of people’s sovereignty. A clique of leaders around the President has linked this dispute to the ICC, police nominations, and other matters on which the principals disagree to advance a sinister campaign whose goal is to undermine every institution and individual but themselves.

Siege mentality

Whereas at the national level this strategy is being camouflaged as part of the anti-Raila G7 alliance, is execution in Central Kenya points to a conscious plan to recreate tribal enclaves and chaperon Gema people to one political direction. Some of the region’s recently-vibrant MPs and civil society leaders are evidently capitulating to intimidation.

As Prof Peter Kagwanja explained in a local daily, a key goal of last week’s conference by Gema leaders was to rouse tribal feelings among Kikuyus on key issues. Left unchecked, this siege mentality would not only weaken Mr Kenyatta’s opponents in Central Province, which is their goal. It will in fact undermine the power of independent voices from Central and elsewhere.

The media in particular should watch out since its professionalism depends on the balance of viewpoints.

Kenyans would be the losers if such plots were to flourish. If there is any lesson from the last five years that should be indelible, it is that inter-ethnic consensus is the sole antidote to our common challenges. The gains realised under the unity government — among them big infrastructure projects and the new Constitution — were possible only because Kenyans championed them across ethnic lines.

Aside from politics, this issue of election date has brought to the fore deficiencies that many were beginning to see in the reformed Judiciary. Some senior lawyers have questioned the court’s definition of a parliamentary term.

Conducting elections in March 2013 would extend the life of this parliament by at least three months and cut that of the next by at least seven months, given that elections would still be called in August 2017!

Judicial pronouncements must take the realities of a society into account. In this case there was nothing stopping the judges from decreeing that parliament must be dissolved in time for elections by December.

December elections are now a tradition in Kenya.

Busiest season

And the time was chosen for its resonance with our socio-economic realities. The next ideal period is August, which is the month COE prescribed for elections. January-March marks the beginning of new school years, with its attendant events like release of examination results.

It is the busiest season for farmers, who account for more than half of all voters. Why destabilise such vital activities just for elections?

This ruling and others by Justice Nicholas Ombija on President Bashir and Justice Lenaola banning discussion on Uhuru and Ruto’s eligibility as presidential candidates have tainted the Judiciary. Chief Justice Willy Mutunga must rise to the plate and initiate full-throated reorientation of the Judiciary, complete with a new jurisprudence.

The writer is the secretary general of Kenya Union of Post-Primary Teachers (Kuppet).